Michael A. Marion

Michael A. Marion: Attorney with Borden Ladner Gervais LLP

Biography

Executive Summary

Michael Marion is a partner, and Regional Group Manager of the Commercial Litigation Group in our Calgary office. Michael practises commercial litigation, arbitration and administrative law, with a focus on oil and gas and energy litigation and regulatory proceedings, corporate commercial litigation, expropriation and municipal law and bankruptcy and insolvency. Michael regularly appears before the Alberta Court of Queen's Bench, the Alberta Court of Appeal, commercial arbitrators and administrative tribunals.

Michael's oil and gas litigation practice involves a wide array of upstream, midstream and downstream oil and gas litigation issues, including complex contractual disputes arising out of oil and gas freehold and Crown leases, ownership and title issues, purchase and sale agreements, rights of first refusal, pipeline tariffs and tolls, operating agreements and procedures, net profits agreements, carried accounts, farmout agreements, royalty agreements, trust certificates, unit agreements, pooling arrangements, participation agreements, plant construction and operation agreements, processing agreements, seismic, surface leases and surface access agreements, storage agreements, road access agreements, water disposal agreements and service station franchise agreements. Michael's oil and gas litigation practice also includes significant work related to subsurface trespass, insolvency, environmental liability, intellectual property and confidential information, product liability, negligence and construction disputes involving oil and gas operations. Since 2013, Michael's litigation practice has been recognized by Chambers Global - The World's Leading Lawyers for Business (Dispute Resolution: Alberta).

In his oil and gas and energy regulatory practice, Michael regularly assists clients with making or opposing regulatory applications before the Alberta Energy Regulator. Michael's experience includes regulatory advisory and hearing work relating to all aspects of project, well, and pipeline approvals including standing, consultation, environmental impact, integrity, maintenance, design, routing and emergency response. Michael's experience in other regulatory advisory and hearing matters includes storage reservoirs, pool delineation and producing zone determination, trespass and entitlement issues, compulsory pooling, shut-ins and suspensions, off-target and abandonment issues. Michael also has experience assisting oil and gas clients with other regulatory regimes and tribunals, including the Crown lease tenure system, the Public Lands Act, the Surface Rights Board, the Alberta Securities Commission, and in defending environmental and Water Act enforcement or prosecutions. Since 2011, Michael's energy regulatory practice has been recognized by The Best Lawyers in Canada (Energy Regulatory Law).

Michael has a general corporate and commercial litigation practice involving corporate litigation (derivative actions, oppression, shareholder rights, share valuations), commercial leasing matters, franchise litigation and arbitration, misuse of confidential information and intellectual property, land ownership and development disputes, professional liability, negligence, construction, Anton Piller and Norwich Pharmacal orders and general contractual matters.

In Michael's bankruptcy and insolvency practice, he has acted on behalf of receivers, monitors, trustees in bankruptcy and creditors in receiverships, bankruptcies and restructurings pursuant to the Companies' Creditors Arrangement Act. In 2015, Michael's bankruptcy and insolvency practice was recognized by The Best Lawyers in Canada (Insolvency and Financial Restructuring Law).

Michael has guided over 50 commercial and residential landowners through the Alberta expropriation negotiation, inquiry and compensation processes when lands are required or impacted by municipal, provincial or railway projects. Michael's experience includes work in all major and many other Alberta municipalities, as well as in Saskatchewan, Manitoba and the Northwest Territories. Michael's municipal litigation practice also includes matters related to municipal liability, business licence reviews, bylaw challenges, planning and development, and municipal tax assessment.

Michael is a frequent writer on matters of interest to his varied practice. Prior to beginning his articles with BLG in 1999, Michael clerked with the Alberta Court of Appeal and Alberta Court of Queen's Bench in 1998 and 1999. ?

Publications & Presentations

Michael is a frequent blogger on THE RESOURCE: BLG Energy Law Blog?. This blog is authored by members of BLG's Oil and Gas Focus Group, along with timely contributions from members of our Electricity Markets Focus Group and guest contributors. We follow new and interesting legal issues as they emerge in the energy area.

Academic Articles

•Co-Author, AB ruling reminds service firms to first obtain municipal permits, Environment and Policy Law, May 2015.
•Author, Canada's Aging Oil and Gas Infrastructure?: Who Will Pay? Alberta Law Review, 2014.
•Author, The Unsettled Scope and Application of Settlement Privilege in Canada, Annual Review of Civil Litigation, 2013.
•Author, The Doctrine of Estoppel by Convention in Canada, Annual Review of Civil Litigation, 2011.
•Author, Compensation Where No Land Is Taken: Update of the Law in Alberta, Alberta Law Review, Vol. 48, 2010.
•Author, Sealed Ex Parte Norwich Orders: Safeguarding Against Abuse of the Pre-Action Disclosure Remedy, Annual Review of Civil Litigation, 2003.

The Resource: BLG Energy Law Blog Posts and BLG Publications?

•Co-Author, Alberta Court of Appeal Protects Confidentiality of Alberta Energy Regulator's ADR Process and Clarifies What Evidence can be Relied on When Seeking Permission to Appeal? ?, The Resource: BLG Energy Law Blog, March 2,? 2017?.?
•Co-Author, Boxing-in Bhasin: Alberta Court of Appeal Confirms No Common Law Duty To Reasonably Exercise Discretionary Contractual Powers, The Resource: BLG Energy Law Blog, February 28?,? 2017?.
•Co-Author, Immune (At Least For Now): Divided Supreme Court of Canada Strikes Claim for Charter Damages Against Energy Regulator ?, The Resource: BLG Energy Law Blog, January 31,? 2017?.
•Co-Author, 2016 Year in Review: Top 10 Regulatory Decisions and Trends of Import to the Canadian Energy Industry ?, The Resource: BLG Energy Law Blog, January 17,? 2017?.?
•Co-Author, 2016 Year in Review: Top 10 Judicial Decisions and Trends of Import to the Canadian Energy Industry, The Resource: BLG Energy Law Blog, January 15,? 2017?.
•Co-Author, 2016 Year in Review: Top 10 Legislative, Regulatory and Policy Changes and Trends of Import to the Canadian Energy Industry, The Resource: BLG Energy Law Blog, January 8,? 2017?.?
•Co-Author, Alberta Court of Queen's Bench Sheds Light on Test Applicable to Alberta Energy Regulator's Statutory Immunity from Negligence Actions, The Resource: BLG Energy Law Blog, November 2, 2016.
•Co-Author, AER Signals Stringent Approach to Issuance of Reclamation Certificates, The Resource: BLG Energy Law Blog, October 26, 2016.
•Co-Author, Amendments to the Drop Dead Rule in Alberta?, The Resource: BLG Energy Law Blog, October 12, 2016.
•Co-Author, Court Orders Production of Native Accounting Records Where Operator Fails to Maintain An Oil Sands Project Carried Account?, The Resource: BLG Energy Law Blog, August 15, 2016.?
•Co-Author, Saskatchewan Court Addresses ROFR Obligations in Light of the Duty of Honest Performance of Contracts ?, The Resource: BLG Energy Law Blog, July 11, 2016.?
•Co-Author, Alberta Court Awards Elevated Costs For Breach of Contract and Discourages Misleading Negotiation Tactics?, The Resource: BLG Energy Law Blog, May 1?, 2016.?
•Co-Author, Canadian Natural Resources Limited v ShawCor Ltd?, The Resource: BLG Energy Law Blog, February 18, 2016.?
•Co-Author, 2015 Year in Review: Top 10 Regulatory Decisions of Import to the Canadian Energy Industry ?, The Resource: BLG Energy Law Blog, January 14, 2016.
•Co-Author, 2015 Year in Review: Top 10 Judicial Decisions of Import to the Canadian Oil and Gas Industry? ?, The Resource: BLG Energy Law Blog, January 8, 2016.?
•Co-Author, 2015 Year in Review: Top 10 Legislative, Regulatory and Policy Changes of Import to the Canadian Oil and Gas Industry, The Resource: BLG Energy Law Blog, January ?6, 2016.
•Co-Author, The Implied Undertaking? does not Preclude Production of Records Provided to a Regulator, The Resource: BLG Energy Law Blog, December 14, 2015.
•Co-Author, Alberta Court of Appeal Dismisses First Nation Applications for Permission to Appeal AER Decisions, The Resource: BLG Energy Law Blog, December 10, 2015.
•Co-Author, STEWART ESTATE v TAQA NORTH LTD: Three Alberta Court of Appeal Justices Weigh in on Critical Oil and Gas Lease Issues, The Resource: BLG Energy Law Blog, December 2, 2015.
•Co-Author, I Can See Clearly Now...AER Furthers Transparency Objective by Making Wider Variety of Decisions Publicly Available, The Resource: BLG Energy Law Blog, October 2, 2015.
•Co-Author, Surrounding Circumstances? Contractual Interpretation in MEG Energy Corp v Canexus Corp, 2015 ABQB 361, The Resource: BLG Energy Law Blog, September 25, 2015.
•Co-Author, Federal Court Clamps Down on Access to Information Free-for-all, The Resource: BLG Energy Law Blog, September 21, 2015.
•Co-Author, Alberta Court Protects Regulatory Approvals from Collateral Attack but Allows Trespass Claim Founded on Aboriginal Title to Proceed (for Now...), The Resource: BLG Energy Law Blog, July 8, 2015.
•Co-Author, Separation Anxiety - Is a Divided Alberta Energy Regulator Around The Corner?, The Resource: BLG Energy Law Blog, July 3, 2015.
•Co-Author, Alberta Court of Appeal Reconfirms that the Surface Rights Board's Role is Ancillary to Regulators Who Authorize or Permit Energy Development, The Resource: BLG Energy Law Blog, June 15, 2015.
•Co-Author, All Aboard? U.S. and Canada Announce New Joint Regulations for Rail Tank Car Safety Standards, The Resource: BLG Energy Law Blog, May 27, 2015.
•Co-Author, Supreme Court of Canada Will Hear “Charter Damages” Case Against Alberta's Energy Regulator, The Resource: BLG Energy Law Blog, May 26, 2015.
•Author, Staffing Up? - Energy Lobby Responds to New Alberta Government, The Resource: BLG Energy Law Blog, May 19, 2015.
•Co-Author, Alberta Court of Appeal Decision a Reminder of the Importance of Municipal Approvals Prior to Oil & Gas Operations, The Resource: BLG Energy Law Blog, May 14, 2015.
•Co-Author, The Emergence of Cybersecurity and Cyberlitigation Issues Affecting the Oil and Gas Industry, The Resource: BLG Energy Law Blog, May 11, 2015.
•Co-Author, Alberta Court of Queen's Bench Recognizes Midstream Operators' Need for Prompt Payment, The Resource: BLG Energy Law Blog, April 30, 2015.
•Co-Author, Alberta Energy Regulator Confirms that an Unsuccessful Applicant Cannot Seek a Regulatory Appeal of Denied Application, The Resource: BLG Energy Law Blog, April 1, 2015.
•Author, New Canadian-Based Domestic Arbitration Rules Now Available, The Resource: BLG Energy Law Blog, March 16, 2015.
•Co-Author, Alberta Court Upholds Constitutionality of ASC's Power to Compel Testimony and Document Production, The Resource: BLG Energy Law Blog, March 10, 2015.
•Co-Author, Federal Court of Appeal Continues its Stand Against Forest Ethics, The Resource: BLG Energy Law Blog, February 11, 2015.
•Co-Author, 2014 in Review: Top 10 Legislative and Regulatory Changes For The Canadian Oil and Gas Industry, The Resource: BLG Energy Law Blog, February 2, 2015.
•Co-Author, 2014 in Review: Top 10 Canadian Judicial Decisions of Import to the Oil and Gas Industry, The Resource: BLG Energy Law Blog, January 29, 2015.
•Co-Author, The Interplay between Summary Judgment and Allegations of Gross Negligence in the Oil and Gas Industry, The Resource: BLG Energy Law Blog, January 27, 2015.
•Co-Author, Use of Information from Regulatory Investigations in Civil Litigation, The Resource: BLG Energy Law Blog, January 21, 2015.
•Co-Author, NEB Finds That an “Untrammeled Right” of the Public to Open Expression would Defeat the NEB's Statutory Objectives, The Resource: BLG Energy Law Blog, November 17, 2014.
•Co-Author, AER Bulletin 2014-28: AER Clarifies Application Requirements for Activities Within Regional Plan Boundaries, The Resource: BLG Energy Law Blog, October 23, 2014.
•Co-Author, Manual 008: Oil Sands Exploration and Coal Exploration Application Guide Released, The Resource: BLG Energy Law Blog, September 30, 2014.
•Author, The Sattva Case and Its Importance To Domestic Arbitration In The Canadian Energy Industry, The Resource: BLG Energy Law Blog, September 30, 2014.
•Co-Author, Alberta Court of Appeal Confirms Energy Regulator's Immunity from Action for Alleged Negligence in Administration of Regulatory Regime, The Resource: BLG Energy Law Blog, September 23, 2014.
•Co-Author, Vertical Compulsory Pooling of Oil and Gas Resources Appears to be Available in Alberta, The Resource: BLG Energy Law Blog, September 12, 2014.
•Author, A Review of Recent Alberta Insider Trading Cases, The Resource: BLG Energy Law Blog, September 11, 2014.
•Co-Author, The Alberta Energy Regulator Provides Guidance on Disputes Over Use of Pore Space, The Resource: BLG Energy Law Blog, August 28, 2014.
•Co-Author, The Potential Impact of the South Saskatchewan Regional Plan on Energy Development, The Resource: BLG Energy Law Blog, August 22, 2014.
•Author, Alberta Court of Appeal Denies Leave to Intervene to a Special Interest Group in an Oil and Gas Lease Termination Case, The Resource: BLG Energy Law Blog, July 9, 2014.
•Co-Author, “Perspicacious Speculation” of a Possible Oil and Gas Transaction Held Not to Constitute Insider Trading, The Resource: BLG Energy Law Blog, June 27, 2014.
•Co-Author, Canada's Aging Oil & Gas Infrastructure: Who Will Pay?, The Resource: BLG Energy Law Blog, June 18, 2014.
•Author, Bill 34: Building New Petroleum Markets Act, BLG Alert, November 18, 2013.

Presentations

•Speaker, Canada's Aging Oil and Gas Infrastructure: Who Will Pay?: The Public and Private Cost Recovery Frameworks, CELF Jasper, June 13, 2014. ?
•Speaker, Radomski v. The City of Calgary, Alberta Expropriation Association Annual Conference, 2013.
•Speaker, Alberta's Aging Oil and Gas Infrastructure, BLG Oil and Gas Seminar, December 5, 2013.
•Speaker, Litigating Oil and Gas Contracts, BLG Oil and Gas Seminar, May 15, 2013.
•Speaker, The OMERS Energy v. Alberta Court Decision, Canadian Association of Petroleum Land Administration Annual Conference, 2012.
•Author, The Doctrine of Estoppel by Convention in Canada, Annual Review of Civil Litigation, 2011.
•Author, Compensation Where No Land Is Taken: Update of the Law in Alberta, Alberta Law Review, Vol. 48, 2010.
•Author and Speaker, The Regulation and Litigation of Water Rights in Alberta, The Canadian Institute's Conference On Managing Water Resources & Disputes, September 29-30, 2009.
•Speaker, Compensation Where No Land Is Taken: Update of the Law in Alberta, Alberta Expropriation Association Annual Conference, 2008.

Rankings & Recognitions

•Recognized in the 2017 and? 2016 edition of Chambers Canada - Canada's Leading Lawyers for Business (Dispute Resolution: Alberta).?
•Selected by peers for inclusion in the 2017 edition (and since 2011) of The Best Lawyers in Canada (Energy Regulatory Law, Insolvency and Financial Restructuring Law, Oil and Gas Law).
•Recognized in the 2016 and 2015 editions of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a Future Star: Alberta.
•Recognized in the 2015, 2014 and 2013 editions of Chambers Global - The World's Leading Lawyers for Business (Dispute Resolution: Alberta).
•Recognized as a Litigation Lawyer to Watch in the 2009 edition of The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada.
•Selected for a Lexpert Rising Star Award, given annually to the Top 40 Lawyers under 40, 2008.

Areas of Practice (7)

  • Oil and Gas
  • Regulatory and Project Approval Litigation and Arbitration
  • Corporate Commercial Litigation and Arbitration
  • Expropriation
  • Municipal Law and Other Government
  • Bankruptcy, Insolvency and Restructuring
  • Energy

Education & Credentials

Contact Information:
403-232-9464  Phone
403-266-1395  Fax
www.blg.com/en/ourpeople/marion-michael
University Attended:
University of Manitoba, B.Comm., Hons., Finance, with Distinction, 1995
Law School Attended:
University of Manitoba, LL.B., 1998
Year of First admission:
1999
Admission:
1999, Alberta
Memberships:

Professional Involvement

•Canadian Bar Association (Alberta Branch), Civil Litigation, Administrative Law, Natural Resources and Insolvency Law subsections
•Member, Canadian Association of Petroleum Producers (CAPP)
•Member, Canadian Energy Law Foundation (CELF)
•Member, Alberta Expropriation Association, 2006-present
•President and Vice-President, Alberta Expropriation Association, 2010 and 2009

Reported Cases:
Representative Work: Oil and Gas / Energy Litigation and Regulatory Reported Decisions; Bard v Canadian Natural Resources Limited, 2016 ABQB 267 [e-discovery and production of oil and gas financial accounting records]; Toyota Tsusho Wheatland Inc v Encana Corp, 2016 ABQB 209 [Litigation and arbitration related to alleged breach of oil & gas joint venture agreement involving significant oil & gas interests]?; Kallisto Energy Corp. Application for a Well Licence Crossfield East Field, 2013 ABAER 013 [well licence application in proximity to storage reservoir]; Nexxtep Resources Ltd v Alberta (Energy Resources Conservation Board), [2013] AJ No 521(CA)[leave to appeal denial of well suspension application]; Talisman Energy Inc v Esprit Exploration Ltd, [2013] AJ No 202 (QB)[dispute over ownership and environmental liabilities associated with sour gas processing plant]; Nexxtep Resources Ltd v Talisman Energy Inc, [2013] AJ No 57 (CA)[oil and gas purchase and sale agreement ownership dispute]; Terra Energy Corp. Applications for an Oil Effluent Pipeline Grande Prairie, 2012 ABERCB 012 [oil effluent pipeline approval application]; Nexxtep Resources Ltd v Talisman Energy Inc, [2012] AJ No 1219 (QB) [trial costs]; Nexxtep Resources Ltd v Talisman Energy Inc, [2012] AJ No 85 (QB) [oil and gas purchase and sale agreement ownership dispute]; Talisman Energy Inc v Energy Resources Conservation Board, [2010] AJ No 1004 (CA) [leave to appeal pool delineation application decision]; Nexxtep Resources Ltd v Talisman Energy Inc, [2010] AJ No 771 (QB) [bifurcation of proceedings application]; ERCB Decision 2009-050: Nexxtep Resources Ltd. Wilson Creek Field [pool delineation]; Nexxtep Resources Ltd v Talisman Energy Inc, [2008] AJ No 689 (CA)[summary judgment]; Nexxtep Resources Ltd v Talisman Energy Inc, [2007] AJ No 1502 (QB)[summary judgment]; Freyberg v Fletcher Challenge Oil and Gas Inc, [2003] AJ No 711 (QB) [lease termination - costs]; Corporate / Commercial Litigation Reported Decisions; 1226911 Alberta Ltd v Redecopp, [2012] AJ NO 1331 (Master)[expiry of statement of claim]; Moose Mountain Buffalo Ranch v Greene Farms Drilling Ltd, [2010] AJ NO 172 (CA)[granting leave to file a Statement of Defence); Orbus Pharma Inc v Kung Man Lee Properties Inc, [2008] AJ No 1430 (QB)[commercial leasing dispute]; Brewers' Distributor Ltd v 1145127 Alberta Ltd, [2007] AJ No 855 (QB)[land dispute relating to railway easement]; Westco Storage Ltd v BICC Canada Inc, [2005] MJ No 94 (CA) [limitations]; BTI Corp (Delaware) Inc v Gener SA, [2004] AJ No 413 (CA) [service ex juris]; Big Bear Exploration Ltd v Rathwell, [2003] AJ No 1156 (QB) [dissent share valuation proceedings]; BTI Corp (Delaware) Inc v Gener SA, [2003] AJ No 326 (QB) [service ex juris]; Central Park Lodges Ltd v CGU Insurance Co of Canada, [2003] MJ No 495 (QB) [construction]; Samson Indian Nation and Band v Canada (Minister of Indian Affairs and Northern Development), [2003] FCJ No 1823 (FCTD) [compellability of Prime Minister as witness]; Alberta (Treasury Branches) v Ghermezian, [2002] AJ No 524 (CA) [ex parte discovery orders]; Union Pacific Resources Inc (Re), [2000] AJ No 1577 (QB) [commercial leasing]; Precision Drilling Corp v Matthews Equipment Ltd, [2000] AJ No 865 (QB) [purchase and sale agreement - arbitration]; Alberta (Treasury Branches) v SevenWay Capital Corp, [2000] AJ No 801 (QB) [oppression]; Expropriation / Municipal Decisions; Radomski v Calgary (City), 2012 CanLII 60873 (AB LCB) [expropriation compensation hearing]; In the Matter of the Intended Expropriation by the Regional Municipality of Wood Buffalo re Sports and Entertainment Complex Project, (2013 Inquiry Officer) [expropriation inquiry]; Martyna Enterprises Ltd v Calgary (City), 2011 CanLII 95389 (AB LCB) [expropriation compensation hearing]; Lansdowne Equity Ventures Ltd v City of Calgary, 2011 ABLCB Order No 480 [expropriation compensation hearing]; High River (Town) v High River (Town)(Subdivision and Development Appeal), [2010], AJ No 1563 (CA) [leave to appeal subdivision and development appeal]; In re Cecil Hotel (2008) [business licence review hearing]; In the Matter of the Intended Expropriation by the City of Calgary (16th Avenue North Project)(2008 Inquiry Officer) [expropriation inquiry hearing]; Thoreson v Alberta (Minister of Alberta Infrastructure), [2006] AJ No 1094 (CA)[ appeal]; Grenier v Alberta (Minister of Alberta Infrastructure), [2006] AJ No 1623 (Master) [expropriation claim]; Insolvency and Restructuring Reported Decisions; Sandhu v MEG Place LP Investment Corp, [2012] AJ No 270 (CA)[confirming notice of disallowances of claims in bankruptcy process]; Sandhu v MEG Place LP Investment Corp, [2012] AJ No 19 (CA) [leave to appeal decision setting aside notice of disallowances in bankruptcy process]; Sandhu v MEG Place LP Investment Corp, [2012] AB QB No 19 (QB)[setting aside notice of disallowances in bankruptcy process]; De Palma (Re), [2010] AJ 771 (QB) [bankruptcy petition]; Bank of Montreal v Jarjoura, [2010] AJ No 163 (QB)[dismissal of action against receiver]; Bank of Montreal v Probe Exploration Inc, [2006] AJ No 1094 (QB)[environmental liabilities upon bankruptcy discharge]; Octane Energy Services (Re), [2006] AJ NO 60 (QB)[personal property security / liens priority issues]; Direct Energy Marketing Ltd v Kalta Energy Corp, [2003], AJ No 1624 (QB) [personal property priority issues]; Direct Energy Marketing Ltd v Kalta Energy Corp, [2002] AJ No 463 (QB) [priorities and set-off issues in receivership]; Blue Range Resources Corp (Re), [1999] AJ No 975 (CA) [CCAA leave to appeal]
ISLN:
914426316

Peer Reviews

  • 4.6/5.0 (1)
  • Peer Reviewed
  • Legal Knowledge

    4.0/5.0
  • Analytical Capability

    5.0/5.0
  • Judgment

    5.0/5.0
  • Communication

    5.0/5.0
  • Legal Experience

    4.0/5.0
  • Michael A. Marion

    4.6/5.0 by a Partner on 02/25/13 in Commercial Litigation on 02/25/13

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      4.0/5.0
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Calgary, Alberta

  • Calgary, AB
    Centennial Place, East Tower , 1900, 520 - 3rd Avenue S.W.
    Calgary, AB T2P 0R3
     Canada

    403-232-9464 Phone

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